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JAPAN NEWS AND DISCUSSION

Italian appeals court clears Knox of murder

World Oct. 04, 2011 - 06:39AM JST ( 8 )

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8 Comments

2

Pump24Oct. 04, 2011 - 10:17AM JST

A difficult case from the onset, and not sure if justice was served at any point. Absolutely Knox was there...she admitted being whacked out on drugs, her bloody footprint was found at the scene and she willfully lied, and was convicted, of falsely accusing another person of the murder. She is no Angel. But poor investigation work by the police and prosecutors, and in the end a screwed up young lady is championed while the pain of the victims family goes on. No winners here.
0

Darren BrannanOct. 04, 2011 - 02:59PM JST

So the African guy gets to wear all of the blame? How completely unexpected is that..
1

00sayuri00Oct. 04, 2011 - 03:58PM JST

With all the pressure from the US, it was bound to end up this way. Pretty angel face is free to go back home, supported by the americans as a hero, she will release interviews, write novels, make movies and will make millions over a dead girl. Amen. And the poor black guy is in jail. I feel bad for Meredith's family.
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MadvertsOct. 04, 2011 - 04:45PM JST

I think you'll find the" poor black guy" was a drug dealer who's hand-print and DNA were present at the homicide scene. PC people beware.

I'm sure this is another case of we'll never know what really happened.
1

lostrune2Oct. 04, 2011 - 05:51PM JST

I don't exactly know what happened at the crime scene, but whatever evidence the Italian police collected was not enough to convict someone for life**. First, the police couldn't figure out a motive - the "sex orgy" motif was just something the Italian prosecutor put out there (there was no evidence about it). Second, the DNA "evidence" was at such low levels, it couldn't prove anything.

(** Note: the prosecutors asked the appeals court to increase Knox's punishment to life in jail, so the only 2 results that could come out of the appeals therefore was either life imprisonment or set free - nothing in between.)

DNA is so easy to transfer: I could shake your hands, then touch a gun, and that gun would be contaminated by your DNA too. That's why there's a minimum amount level where forensic science can be quite sure it is not a result of contamination or DNA transfer. The FBI puts the bar measurement must be at least 200 level units. The Italian police couldn't find Knox's DNA at 200 units; so they lowered the measurement at 100 units and still couldn't find it; they only found it when they lowered the bar to well below 50 units. There's so much uncertainty at such low bar that this evidence should not had been considered reliable in the first place.

Heck, the Knox trial only went ahead because of the Italian prosecutor's gut feeling that Knox and Sollecito also did it along with Guede, despite the evidence not supporting it. The Italian prosecutor relied too much on gut feeling and not on enough on evidence (like that bullheaded North Carolina prosecutor on the Duke Univ lacrosse case a few years ago, for comparison).

Kercher's family did receive justice - the evidence and the court overwhelmingly convicted Guede to long prison. Now, whether that's all the justice, we won't know for sure for some time yet. As mentioned, who knows what exactly happened, but evidence were not enough to put someone off for life - sensational stories and name-calling do not substitute for proper evidence. The sloppy case by the prosecution was an injustice to the Kerchers, who now won't know who to believe.

Heck, 2 other families may --may-- have received injustice for being in prison for 4 years. Regardless, both families will have to raise money out of this - both are heavily in debt from the lawyers and travel costs all those years. So expect more stories coming from them sooner rather than later, and we'd hear more about this.
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MadvertsOct. 04, 2011 - 08:02PM JST

Good post Lostrune, as ever. Clarifies the DNA evidence the shaky foundations this murder charge was built upon. Who's to say either of them are innocent, but the bumbling Italian police (there's a sutprise) and an over-zealous prosecuter should dismissed over things such as this, despite the question mark which remains over these too.

Far too many times in Europe people have had their lives ruined by prosecuters on a mission to convict and get results, the facts be damned.

Look at the Outreau affair in France. Lifes and careers ruined, suicides and jail terms for what in reality turned out to be totally innocent people, victims of a demented prosecuter on a mission.
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lostrune2Oct. 04, 2011 - 09:02PM JST

Madverts,

Also, the Italian system is a bit different from the US system.

In the US system, they sort out the facts, evidence, enough to convict, etc. before deciding whether to take the case to court.

In the Italian system, they take the case to court first, then let the appeals system sort it out later. That's why in Italy, appeals happen all the time (it happens less often in the US); there are 3 compulsory levels of appeals; and the appeals court is allowed to change the level of punishment (e.g. increase/decrease the # of years in prison). And all the while the appeals sort it out, a convicted defendant of course has to remain in jail.
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MadvertsOct. 04, 2011 - 10:14PM JST

Lostrune,

I love Italy, from a visitors and neighbours perspective. But everything is and always has been a gigantic mess over there.

Apparently reform is on the cards for their juduicial system and it would seem warranted. I wonder how much Sollecito and Knox will be suing for and how much they'll get, if anything, other than their freedom. It cost them 4 years of their lives, but it also cost poor old Meredith her life - and her family - well, I've no idea the sort of slap in the face the recent events will be. Suffice to say they seem to be down to earth people, if not lost by what is going on.

Instead of demanding appeal against their lost case, the prosecuter should be in the spotlight here for what has been already judged as a miscarriage of justice on the weakest DNA evidence, and especially as you stated earlier, for what would seem the invention of the "sex game" scenario which does seem to be nothing but an obsessive prosecuters fantasy. If the barman's claims of slander for false accusation can get a fine and a three year sentence still upheld upheld for Knox, surely a suitable punishment would be damages and legal costs awarded to the defendents? With a minimum of a three year gaol sentence for the prosecution? Heh, but I won't hold my breath.